If I was
Get Legal Help Today
Secured with SHA-256 Encryption
If I was
I live in an
Asked on September 19, 2016 under Employment Labor Law, Nevada
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Non-exempt salaried does not entitle you to lunch breaks, but a non-exempt salaried employee *does* get overtime if he or she works more than 40 hours in a week. A salaried employee can be nonexempt because he/she doesn't earn enough (currently, $47,476/year) or because his/her job duties don't meet one of the tests (like the "executive"--which really should be called the "managerial" test, because it applies to non-executive managers, too--or admininstrative employee test) for overtime, which can be found on the U.S. Dept. of Labor website.
If a salaried employee is nonexempt and gets overtime, it is calculated this way (slightly oversimplified): divide weekly salary by the normal workweek hours (e.g. 40); say that someone earns $800 per week for a 40-hour week, then his/her effective hourly rate is 800/40 or $20/hour. For each hour over over 40 he/she works that week, he/she will get an additional 50% of the effective hourly rate, so an extra $10. So if this employee worked 45 hours in a week, he/she would get an extra 5 x $10, or $50 for the week.
If an employer did not pay overtime when it should, the employee could contact the state or federal dept. of labor to file a complaint and could potentially get the back overtime he/she should have gotten (and can prove; e.g. with time sheets, etc.) for the last 2 years.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.